Overview

The Repatriation Medical Authority Instrument No. 46 of 2009 amends the Veterans’ Entitlements Act 1986, specifically addressing the condition of deep vein thrombosis, as stated in Statement of Principles Instrument No. 75 of 2008. This legislative amendment aims to correct a typographical error by replacing "hyperhomocystinaemia" with "hyperhomocysteinaemia" in the relevant clauses, and to update the definitions accordingly. The Repatriation Medical Authority undertook an investigation into the condition, advertising its intention to do so in the Government Notices Gazette of 29 April 2009 and inviting submissions from relevant stakeholders. This instrument formalises the outcome of that investigation and updates the legal framework to ensure clarity and accuracy in the definition and understanding of deep vein thrombosis for the purposes of veterans' entitlements and benefits.

Scope and Application

This instrument, Statement of Principles Instrument No. 46 of 2009, pertains to the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, and it amends the previously established Instrument No. 75 of 2008 concerning deep vein thrombosis. The amendments correct the spelling of "hyperhomocystinaemia" to "hyperhomocysteinaemia" in clause 6(p) and adjust the definition in clause 9 accordingly. The Repatriation Medical Authority undertook an investigation into deep vein thrombosis, as advertised in the Government Notices Gazette on 29 April 2009, and issued a notice of intention to investigate to relevant organisations and individuals. Although submissions were invited, none were received for consideration. This instrument concludes the investigation and is effective as specified in the Legislative Instruments Act 2003. The new definitions and references are accessible to those specified in subsection 196E(1)(a) to (c) of the VEA, upon written request to the Repatriation Medical Authority in Brisbane.

Key Provisions

The primary operative sections of this instrument are sections 2, 3, and 4, which detail the amendments to the existing Statement of Principles concerning deep vein thrombosis (section 2). This involves the replacement of the term "hyperhomocystinaemia" with "hyperhomocysteinaemia" in clause 6(p), the removal of the previous definition of "hyperhomocystinaemia" from clause 9, and the insertion of a new definition for "hyperhomocysteinaemia" in the same clause (section 2). Section 3 of the instrument specifies the date of effect for these amendments, ensuring that the changes take place as per the requirements of subsection 12(1)(a) of the Legislative Instruments Act 2003. Section 4 notes the Authority's intention to undertake an investigation into deep vein thrombosis, as advertised in the Government Notices Gazette on 29 April 2009. The obligations and requirements imposed by this Act are primarily administrative and procedural. The Repatriation Medical Authority (the Authority) must ensure that the amendments to the Statement of Principles concerning deep vein thrombosis are implemented as specified. This involves replacing the term "hyperhomocystinaemia" with "hyperhomocysteinaemia" and revising the definition in clause 9 accordingly. The Authority is also required to advertise its intention to investigate in the Government Notices Gazette and to circulate notices of intention to investigate to a wide range of organisations and individuals representing veterans, service personnel, and their dependants. Additionally, the Authority must invite submissions from relevant parties and consider any received during the investigation process. There are no explicit provisions in the explanatory statement regarding offences, penalties, or consequences for breach of the provisions of this instrument. However, the Authority's role in ensuring the accuracy and effectiveness of the Statement of Principles implies that any failure to adhere to the requirements could potentially lead to legal or administrative consequences. The absence of specific penalties in the explanatory statement suggests that any breaches may be subject to the general legal and administrative remedies available under the relevant Acts, such as the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004.